Towards a civil liability regime for climate-related loss and damage

This chapter examines the role that legislation can play in clarifying, altering or perhaps creating a civil liability regime for climate-related loss and damage. The chapter commences with a consideration of the rational for creating a civil liability regime for climate-related loss and damage. It then draws on existing commentary around the creation of a civil liability legislation to considers the key features that such legislation would require. Finally, the chapter turns to consider the short-comings of a bottom-up legislative approach and argues that ultimately harmonized civil liability rules are required through an international civil liability regime relating to climate-related loss and damage.